Terms & Conditions

Read our terms below to learn more about your rights and responsibilities as a fanity.me user.

Last Updated: December 27, 2024
Effective Date: December 27, 2024

PART 1: Terms of Service for fanity.me

Welcome to fanity.me (“Site” or “Platform”). These Terms of Service (“Terms”) govern your use and access to the Platform and related services. Please read carefully: by creating an account or using the Site, you fully accept these Terms.

1. Description of the Platform

fanity.me is a digital marketplace where Creators (actors, athletes, influencers, artists, etc.) offer personalized content upon request by Users (e.g., videos, photos). We may modify, suspend, or terminate certain features at any time.

2. Eligibility and Age Requirements

Use of fanity.me is restricted to individuals aged 18 years or older. By accessing, you declare that you have the capacity to act in your jurisdiction and have not been previously banned from fanity.me.

3. Account Creation

To create an account, you must provide truthful and complete information. You are responsible for maintaining the confidentiality of your credentials and all activities under your account. fanity.me may suspend or terminate accounts created with false information or violations of these Terms.

4. Custom Content (“fanity.me Content”)

Through our platform, you can request personalized content (“fanity.me Content”), including photos, videos, and audio, from Creators such as athletes, actors, performers, artists, influencers, and others (each, a “Creator”). This content can be tailored for you or for a third-party recipient (“Recipient”) that you specify.

Request and Fulfillment

When submitting a request, you acknowledge and agree that the Creator has full discretion over how to fulfill your request. This includes determining the style, format, and exact content of the fanity.me Content, which may not exactly match your request. Fanity.me reserves the right to reject any content request at its sole discretion.

Creators are typically given up to seven days (or longer, at our discretion) to complete or decline a request. Creators may also offer expedited services for a shorter timeframe, such as 24 hours. If an expedited request is not fulfilled within the agreed timeframe, Fanity.me may, at its discretion, (i) issue a refund or credit for the booking or (ii) convert the booking to a standard content request and issue a partial refund or credit for the difference in cost.

License and Usage Rights

Fanity.me Content is licensed, not sold. Upon full payment and subject to these Terms, the Creator grants you a non-exclusive, royalty-free, fully paid, worldwide, revocable license to use, reproduce, and publicly display the content (excluding Business fanity.me Content, as defined in Section 5) in the following ways:

Personal and Non-Commercial Use: You may share the content on social media platforms, store it privately, or display it at personal events.
Limited Public Use: The content may be used at personal or non-commercial events of up to 1,000 attendees, provided it does not include promotional or endorsement content.

Restrictions

You may not resell, distribute, or commercialize the fanity.me Content without prior written consent.
You may not remove any watermarks, copyright notices, or branding included in the content.
You may not create derivative works, including non-fungible tokens (NFTs), from the fanity.me Content unless explicitly authorized in writing by Fanity.me.
You may not use the content in any manner that violates Fanity.me’s Acceptable Use Policy or Community Guidelines.

Sublicensing

You may sublicense your rights to the extent necessary to share the content as permitted (e.g., posting on personal social media platforms or sharing with the specified Recipient). These sublicenses are subject to the original terms of use and are non-commercial in nature.

Content Removal and License Termination

Fanity.me reserves the right to remove any fanity.me Content from the platform or terminate your license if the content violates these Terms, the Acceptable Use Policy, or applicable laws. Such actions may occur at any time, without prior notice.

By requesting and using fanity.me Content, you agree to adhere to these guidelines and acknowledge that your usage is subject to our broader Terms of Service.

5. Pricing, Fees, and Payments

Prices for fanity.me Content are determined by Creators and may include additional service or transaction fees as specified at the time of purchase. Payments are processed through third-party providers, and fanity.me does not issue invoices or include sales tax or VAT, as exempt under Article 7-ter of DPR 633/72.

Payment Process

Payments must be made using a valid payment method through the selected third-party provider (e.g., Visa, MasterCard, or other accepted options). You agree that fanity.me does not operate or control these payment providers, and your use of their services is subject to their terms and privacy policies. Payments may be charged in full at the time of booking or authorized as a pre-authorization hold, depending on the provider's policies.

Fees for Creators

Fanity.me applies a fee of 20% to Creators' earnings, which is deducted at the time of withdrawal. Creators may request withdrawals once their accumulated balance reaches a minimum of €10. Withdrawals can be made using any of the payment methods provided on the platform.

Fees for Clients

Clients are charged an additional 10% fee on top of the Creator's set service price. This fee is applied at checkout and is paid together with the total order amount.

Refunds

Refunds are issued at the sole discretion of fanity.me and are generally limited to cases of Creator non-fulfillment or other exceptional circumstances. Requests for refunds must be made in accordance with our Terms, and all determinations regarding refunds are final.

Currency and Conversion Fees

Transactions are processed in the currency specified at the time of purchase. Users are responsible for any additional fees, including currency conversion costs or charges imposed by their payment provider.

Taxes

As an Italian-based platform, fanity.me does not collect sales tax, VAT, or similar taxes on transactions, in accordance with Article 7-ter of DPR 633/72. Users are responsible for complying with any tax obligations in their jurisdiction and indemnify fanity.me against any liability or expense arising from unpaid taxes.

Payment Issues

Fanity.me reserves the right to cancel any request if payment is declined or if the User has been previously banned or removed from the platform. In such cases, no further obligations will be owed to the User.

Changes to Fees and Payment Terms

Fanity.me reserves the right to modify its pricing, fees, and payment terms at any time. Such changes will be effective immediately upon posting on the platform or by other means of notification.

Questions and Support

For questions regarding payments, charges, or other billing-related concerns, please contact us at support@fanity.me. Fanity.me will address disputes at its sole discretion and provide resolution where appropriate.

6. Ownership

You acknowledge and agree that all Content (photos, videos, audio, or other creations) provided by Creators through fanity.me is owned exclusively by the Creator who created it. Such Content is licensed, not sold, to you under the terms outlined in this agreement.

Platform Ownership

Fanity.me and its licensors retain all rights, title, and interest in and to: (i) the fanity.me platform, including its “look and feel,” underlying software, ideas, processes, data, text, media, and other content available on the platform (collectively, “fanity.me Content”); and (ii) trademarks, logos, and other branding elements (“Marks”). Fanity.me Content and Marks are protected under Italian and international intellectual property laws. You may not duplicate, copy, sell, resell, commercialize, or reuse any portion of fanity.me Content, Marks, or design elements without prior written consent.

Submissions

By submitting any request, content, or feedback (“Submissions”) through fanity.me, you grant fanity.me a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, distribute, modify, adapt, publicly perform, publicly display, and create derivative works from your Submissions for purposes such as operating, improving, advertising, and promoting fanity.me and its services. This license applies to all media formats and distribution channels, whether currently known or developed in the future.

You represent and warrant that you own or have the necessary rights to grant this license for any Submission, including obtaining consent from third parties featured in or contributing to the Submission. You agree not to submit any confidential, proprietary, or infringing content.

Content Moderation

Fanity.me reserves the right to refuse, remove, or modify any Submission at its sole discretion, including when it deems a Submission to violate these Terms. In cases of violations, fanity.me may take further actions such as suspending or terminating your account and access to the platform.

Feedback

Any ideas, suggestions, proposals, or feedback (“Feedback”) provided to fanity.me regarding its services are submitted at your own risk. Fanity.me assumes no obligation of confidentiality or privacy regarding such Feedback and retains the right to use it for any purpose, including commercial exploitation, without further compensation or acknowledgment to you.

You hereby waive any and all moral rights (“droit moral”) associated with your Submissions, including Feedback, and affirm that no third party retains such rights. Fanity.me shall not be held liable for any use or disclosure of Submissions, including personal information contained therein.

7. Intellectual Property of fanity.me

The layout, trademarks, logos, design, and content of fanity.me (excluding Creator/User uploads) are the exclusive property of fanity.me. These assets are protected under applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any part of the fanity.me platform without prior written authorization. Unauthorized use may result in legal action.

8. Uploading Content, Reviews, and Comments

Users are solely responsible for any content they upload to the platform, including but not limited to reviews, photos, and videos (collectively, "User Content"). By uploading content, you grant fanity.me a non-exclusive, royalty-free, perpetual, worldwide license to use, modify, reproduce, distribute, and display your content in connection with the services provided by the platform. This includes promotional and operational purposes.

fanity.me reserves the right, at its sole discretion, to review and remove any User Content that is offensive, illegal, infringes on intellectual property rights, violates these Terms, or is otherwise deemed inappropriate. Uploading illegal or harmful content may result in suspension or termination of your account.

9. Third-Party Liability and Safe Harbor

Content generated by Creators or other Users remains the intellectual property and responsibility of their respective authors. fanity.me does not guarantee the accuracy, legality, or appropriateness of such content and disclaims all liability arising from it. By using the platform, you acknowledge that interactions or disputes involving Creator/User-generated content are solely between the parties involved.

fanity.me adheres to safe harbor provisions and reserves the right to take action against violations of these Terms or reports of illegal content, including but not limited to content removal, account suspension, or cooperation with law enforcement. Reports of infringement or illegal activity can be submitted through the appropriate channels outlined in our policies.

You agree to hold fanity.me harmless for any damages, losses, or disputes resulting from interactions with third-party content, and to comply with any applicable laws governing the use of such content.

10. Limitation of Liability

You acknowledge and agree that your use of the fanity.me platform is at your own risk. The platform is provided on an "as is" and "as available" basis, without warranties or guarantees of uninterrupted availability, error-free operation, or security. To the extent permitted by applicable law, fanity.me disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Fanity.me is not liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of the platform, even if fanity.me has been advised of the possibility of such damages. This includes, but is not limited to, damages resulting from: (i) errors, inaccuracies, or omissions in content; (ii) unauthorized access to or use of our servers, personal information, or data; (iii) interruptions or termination of service; (iv) bugs, viruses, or harmful components transmitted through the platform; or (v) reliance on any information or advice obtained from the platform.

To the maximum extent permitted by applicable law, fanity.me's total cumulative liability to you for any claims arising under these Terms, regardless of the form of action or legal theory, will not exceed the total fees you have paid to fanity.me in the 12 months preceding the event giving rise to the claim. This limitation of liability is a fundamental element of the agreement between you and fanity.me.

You acknowledge and agree that downloading or obtaining any material or content through fanity.me is done at your own discretion and risk, and you will be solely responsible for any damage to your devices or loss of data resulting from such actions. No advice or information, whether oral or written, obtained from fanity.me or through the platform, creates any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion or limitation of certain types of damages. If such laws apply to you, certain limitations stated in this section may not apply, and you may have additional rights under applicable law.

11. Indemnification and Defense Obligations

You agree to indemnify, defend, and hold harmless fanity.me, its affiliates, officers, employees, directors, agents, partners, and licensors (each, a “fanity.me Party,” and collectively, “fanity.me Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of, in connection with, or relating to: (a) your use of the fanity.me platform; (b) any violation of these Terms or applicable laws by you; or (c) any content or material you submit, post, or otherwise transmit through the platform.

Fanity.me reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate fully with fanity.me’s defense of such claims. You will not settle any claim without fanity.me's prior written consent, unless the settlement fully and unconditionally releases all fanity.me Parties from any liability.

Your indemnification obligations include, but are not limited to, claims arising from any third-party allegations or disputes resulting from your actions or omissions on the platform.

12. Termination and Account Closure

You may close your account at any time. We may suspend or terminate your access if we believe you have violated these Terms or for other security or legal reasons.

13. Jurisdiction and Applicable Law

These Terms are governed by Italian law (unless otherwise specified). For disputes, jurisdiction is with the court of fanity.me's location, subject to non-waivable consumer protection provisions.

14. Severability Clause

If a clause is found invalid, the remaining clauses shall remain fully effective. Any invalid parts will be modified to respect the original intent.

15. No Waiver

The failure of fanity.me to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver or failure to enforce a right or provision in one instance does not waive the right to enforce it in other instances.

No waiver will be effective unless it is explicitly stated in writing and signed by an authorized representative of fanity.me.

16. Modifications and Updates to Terms

fanity.me reserves the right to modify or update these Terms at any time. Substantial changes will be communicated to you by posting a notice on the Site or, where required by law, via email or other communication channels. The "Last Updated" date at the top of these Terms indicates when the latest changes were made.

Your continued use of the Site after such notification constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must cease using the Site. It is your responsibility to regularly review these Terms to stay informed of any updates.

17. Contact Information

For assistance and general information: support@fanity.me

PART 2: Additional Legal Protection Clauses

The following additional sections extend legal protection by fanity.me and govern further aspects.

A. Prohibition of Illegal or Fraudulent Activities

Use of fanity.me for illegal purposes is prohibited. fanity.me reserves the right to cooperate with authorities to prevent or prosecute any abuse or violation.

B. User Data and Privacy

fanity.me retains personal data in accordance with applicable laws (GDPR and similar). Users may exercise rights of access, rectification, or deletion by contacting privacy@fanity.me (if available).

C. Force Majeure

fanity.me is not liable for delays or failures caused by force majeure events (natural disasters, wars, pandemics, etc.).

D. Alternative Dispute Resolution (ADR)

If available, we may offer mediation or arbitration procedures. In any case, class actions are not permitted except as required by law.

E. Electronic Communications

You agree that fanity.me may send electronic notifications (email, in-app messages). Such communications are legally valid where permitted.

F. Contract Assignment

fanity.me may assign these Terms and related rights/obligations to third parties (mergers, acquisitions, etc.), notifying you as required by law.

G. Acceptance

By using fanity.me, you declare acceptance of these clauses (Part 1 and Part 2). For further questions, contact support@fanity.me.